Opinion
1:23-cv-00015-LG-BWR
02-20-2024
BOBBY WALKER, JR. PLAINTIFF v. ROBERT P. KREBS, et al. DEFENDANTS
FINAL JUDGMENT
LOUIS GUIROLA, JR., UNITED STATES DISTRICT JUDGE.
In accordance with the Court's Order issued this date and incorporated herein by reference, IT IS THEREFORE ORDERED AND ADJUDGED that this civil action is DISMISSED WITH PREJUDICE. Plaintiff Bobby Walker, Jr.'s claims, except his claim that Judge Robert P. Krebs miscalculated the length of his sentence, are malicious under 28 U.S.C. § 1915(e)(2)(B)(i). Walker's remaining claim about the length of his sentence is barred by Heck v. Humphrey and is both frivolous and fails to state a claim under § 1915(e)(2)(B)(i)-(ii). The dismissal of his Heck-barred claim is effective until the Heck conditions are met. See Johnson v. McElveen, 101 F.3d 423, 424 (5th Cir. 1996).
IT IS FURTHER ORDERED AND ADJUDGED that this dismissal counts as a “strike” under 28 U.S.C. § 1915(g). Walker is advised that, if he receives three strikes, “he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury.” Garcia v. Glenn, 839 Fed.Appx. 927, 928 (5th Cir. 2021) (citing 28 U.S.C. § 1915(g)).
SO ORDERED AND ADJUDGED.